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2007 Supreme(SC) 1323

TARUN CHATTERJEE, P.SATHASIVAM
BCPP Mazdoor Sangh & Anr – Appellant
Versus
N. T. P. C. – Respondent


JUDGMENT

P. Sathasivam, J.—

1.Since all the above appeals were directed against the common order dated 25.03.2004 passed by the High Court of Chhattisgarh at Bilaspur in Writ Petition Nos. 2087 and 2072 of 2001 and 557 of 2004, they are being disposed of by the following common judgment.

2.The appellants before us are employees recruited by National Thermal Power Corporation (for short NTPC) by calling for list of names from the employment exchange and appointed by following the procedure. When steps were being taken for transferring them to Bharat Aluminium Company Limited (for short BALCO) which was originally a Public Sector Undertaking under the Government of India, subsequently by policy of disinvestment the entire management had vested with M/s Sterlite under Agreement dated 20.06.2002 w.e.f 01.07.2002. Aggrieved by the decision of their transfer from a Public Sector Undertaking to private management, those employees approached the High Court of Chhattisgarh at Bilaspur by filing writ petitions seeking various reliefs. They mainly prayed for an order declaring clauses 8.2 and 16.3 of the agreement dated 22.05.1990 as illegal, arbitrary and unenforceable against them who are non-

























































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